Passenger Booking and Transportation Service Contract:
This Agreement is made on the date of first contact with the Company for using the Company services through its booking procedure by the Passenger.
MiniCabRide Limited, Private Limited Company Registered No. 12833237 in England and Wales, actively trading as Taxi Operator licensed under the Private Hire Vehicles (London) Act 1998 and regulated by Transport for London (TFL) from its registered address 24 Frognal Court, Finchley Road, London NW3 5HG (the “Company” – we / our / us)
The customer(s), Passenger(s), or their agents are the party two in this contract (the “Passenger”).
2.1- Booking Service: the services of booking a job or task of transportation of Passengers and luggage or Passengers or luggage or parcel through the principal contractor by its own means of communication, through its agents, business partners, sub-contractors, and business providers or third-party contractors. A booking made by you can only be accepted by a person that holds a relevant operator’s licence.
2.2- Contract: This contract, i.e., ‘Passenger Booking and Transportation Service Contract’. The terms Contract, and Agreement have the same meanings for the purposes of this contract.
2.3- Passenger: includes Customers, their booking agents, persons, or helpers assisting them or acting on their behalf for booking and transportation services of the Company. The words and terms of client(s), customers and Passenger(s) have same meanings for the purposes of this contract. The additional nouns and pronouns used in the contract for customers, Passengers, and clients can be You, Your, Yours, He, His, Him, She, Her, Hers, They, Their and Them.
2.4- Meeting Point: The Company’s designated point of meeting for the driver and the Passenger at any of the terminals of the London Airports for Terminal Pick Up, Railway or Underground Station/Bus Station and/or Sea Port Pick Up.
2.5- No Show: the driver has arrived at the designated time and pick up meeting point, but the Passengers failed to contact, appear, approach, and meet the driver within the waiting time at the agreed pick-up meeting point.
2.6- PHV: private hire vehicle – a vehicle licensed by the TFL or any other PHV licence regulator out of London area to carry Passengers including but not limited to Passengers and luggage or Passengers or luggage or parcel with pre-booking through a controller or PHV operator.
2.7- Regulator: Transport for London (TFL) – the regulator of the Company for its taxi operating business.
2.8- Transportation Provider: the principal contractor providing transportation following a booking. The principal contractor can provide its own vehicle and driver, or a third-party vehicle and driver to act as the transportation provider.
2.9- Transportation Service: the services of the Company of transporting pre-booked Passengers and luggage jobs.
2.10- The Company: MiniCabRide Limited registered in England and Wales, with registered trading address, 24 Frognal Court, Finchley Road, London, NW3 5HG.
3. Applicable Laws: You are not allowed to print preview this page
The following laws and regulations, including but not limited to, may apply:
- The Private Hire Vehicles (London) Act 1998;
- The Civic Government (Scotland) Act 1982;
- The Taxis Act (Northern Ireland) 2008;
- The Local Government (Miscellaneous Provisions) Act 1976;
- Traffic For London (TFL) Private Hire Vehicles (PHV) Regulations for Greater London Area;
- Any related local government or council or district or borough regulations pertaining to the operation of private hire vehicles in Out of London Areas pursuant to the acts of parliament;
- Applicable Tax Laws, Rules, and Regulations e.g., VAT; and
- Debit and Credit Card Payment, Bank Transfer Laws, Rules, and Regulations.
These terms shall be ruled by and construed in accordance with English Law and therefore the parties conform to the exclusive jurisdiction of the United Kingdom.
5. Service Contract:
5. Service Contract:
6. The Company:
6.1 The Company (MiniCabRide Limited) is party one in this contract.
6.2 Under the provisions of the Private Hire Vehicles (London) Act 1998, MiniCabRide Limited (the Company), as a licensed taxi operator in London regulated by Traffic For London (TFL), has an obligation to Passengers to carry out bookings and is the first and principal contractor for the purposes of this contract.
6.3 The Company pledges to enter into a contract with the Passengers or their agents acting on their behalf who request the Company’s booking and transportation services as the acceptance of a booking by the taxi operator/controller/the Company creates a contract between the taxi operator and the Passenger(s).
6.4 It is a legally binding contract by which the taxi operator undertakes any obligation as principal to provide a vehicle and driver to carry the Passenger to the agreed destination and the Passenger(s) agrees to the contract terms and conditions to avail of the booking and transportation service.
6.5 Equality, Diversity, and Inclusivity: The Company is committed to provide services in accordance with the Equality Act 2010 and strictly follows equality, diversity, and inclusivity for all nationalities, races, religions, cultures, complexions, languages, and genders. The Company strictly follows zero tolerance policy for racism and discrimination on the basis of religion, nationality, complexion, culture, language, gender, or any other basis provided by the statutes
7.1 Passenger Request: Passengers and/or their agents can request on the phone, by email, webchat, or any other applicable means of communication at the time of their request, to the Company to provide booking and transportation services as advertised and offered by the Company for their personal and non-commercial use subject to the contractual terms and conditions with their statutory rights of cancellation and withdrawal from the commitment and agreement following the terms and conditions and cancellation procedures set out in this agreement.
7.2 License: Agreeing to the contractual terms and conditions, the Company grants the Passenger or the agent acting for the Passenger a limited, non-exclusive, non-assignable, revocable and non-sublicensable license, subject to compliance of the terms and conditions of this Contract, to access and use the application, website or any other available platform to request a booking for transportation service through personal devices like mobile phones, tablets, laptops, computers, phones, webchat or any other means of communication for reading advertisement content, information and related promotional and business materials for booking and transportation services, providing their personal information and booking their required services to avail of the subsequent transportation services. The license confirms that any rights not expressly granted herein are reserved by the Company exclusively.
7.3 Ownership Rights: The Company’s booking and transportation services, content, facilities, and rights of use, modification, alteration, revocation, suspension of services and any or all related rights therein are and shall remain the Company’s property. Neither these terms of contract nor your use of the Company’s services allows or grants you any rights in or related to the Company’s services except for the limited license to use granted above or to practise or reference in any manner whatsoever the Company’s name, logo, products, trademark, service names and titles, service marks, or services.
7.4 Contract Transfer Rights: This contract is non-transferable. You cannot transfer or assign the contract in whole or in part to anyone else other than you without the prior written permission of the Company.
8. Contractual Relationship:
8.1 Entering into a contract:
- The parties entering into this contract are entering into a legally binding contractual relationship which shall be maintained according to the terms and conditions of this agreement following the Common Law contractual relationship under the British law of private contractual relationship.
- In the event of a complaint, dispute or conflict in their relationship, the parties shall necessarily refer to the Company’s complaints and resolution policy and procedures subject to the governance of the laws of the UK for the resolution or settlement of the disputes.
8.2 Termination of a Contract:
The termination of a contract shall be without prejudice to any rights and/or obligations of the Company and/or the Passenger accruing prior to the date of such termination.
9. Customers’ Use of the Services:
9.1 User Accounts and Guest Users:
- Passengers can use the Company booking and transportation services as guest users or making their user accounts.
- A Passenger must be eighteen (18) or above to make and maintain a user account for using most aspects of the services.
- The Company do not serve the persons to get an account under the legal age of majority i.e., 18 years of age.
- Passengers must submit to the Company necessary personal and payment details to get a user account such as name, address, mobile phone number, age, payment card detail.
- Passengers agree to maintain accurate, complete, and up to date personal and payment details.
- Passengers’ failure to retain accurate, complete, and up to date account and payment information may result in a restriction being imposed on their access to and use of the Company’s services.
- Passengers agree and are responsible for security and privacy of their usernames and passwords at all times as they are responsible for their business activity on or through this user account.
- One Passenger may only possess one account with their personal information unless otherwise permitted by the Company.
9.2 User Requirements and Conduct:
- The Company booking and transportation service is not available for use to persons under the age of eighteen (18).
- Passengers may not authorise third parties or the persons under the age of eighteen (18) to use their accounts to book and receive pick and drop, transportation, logistical cooperation, and delivery services unless accompanied by themselves.
- Passengers may not assign or otherwise transfer their user account to any other person or party.
- Passengers agree to abide by all applicable laws when using the Company services and are allowed to only use the Company services for lawful purposes (e.g., the Company does not allow transport of unlawful or hazardous materials, drugs and prohibited items).
- Passengers agree not to cause nuisance, annoyance, inconvenience, and/or property damage, to the Company employees, workers, drivers, third party provider and/or any other party during the use of Company services.
- The Company reserves the right to ask to provide proof of identity to access or use the services in any circumstance from Passengers.
- Passengers agree that the Company reserves the right to deny access to or use of the Company services if Passengers or persons accompanying Passengers refuse to provide proof of identity.
9.3. Promotional messaging:
By creating a user account and/or giving an explicit consent, Passengers agree that the Company may send service or promotional text messages as part of the normal business operations of their use of the services. Customers have the right to opt out of the messaging services at any time by informing or following the instructions to unsubscribe text messaging; however, customers accept that opting out of the text (SMS) messaging service may affect your use of the service.
9.4. Promotional Codes, Offers and Discounts:
9.4.1 The Company in its sole discretion has the right to create and offer promotional codes and discounts to its Passengers through their user accounts or otherwise which may be redeemable for account credit or other service feature benefits related to the Company’s booking and transportation services or third-party provider services subject to any additional terms specified with the promotional activity.
9.4.2 Passengers using promotional codes, offers and discounts agree that promotional codes, offers and discounts:
- must be applied for the intended audience and purpose in a legitimate fashion
- may not be replicated, traded, or transferred in any manner or made available to the public or unintended audience and purpose unless expressly permitted by the Company;
- may be disabled or withdrawn for any reason at any time without liability to the Company;
- may only be used pursuant to the specific terms issued by the Company with the promotional codes, offers and discounts;
- cannot be encashed or exchanged for cash;
- may invalidate prior to your use; and
- may be reserved, withheld, or deducted in their credits if the Company determines and believes that in any event you or any other user made erroneous, fraudulent, illegal, of in violation of the applicable specified terms of the promotional codes, offers and discounts.
10. Contract Terms and Conditions:
10.3. The Company reserves the right to modify, correct or amend these terms, policies, and notices.
10.4. The notice of amendments and changes to those terms, policies and notices shall be announced on the Company website.
10.5. Notice of Information or Cancellation: The parties have the right to give notice by any applicable means of communication like email, phone, text message, webchat and by post. The notice can be related to intimation, information, or cancellation.
11. Booking and Transportation Services:
11.1. The Company offers both booking and transportation services from one platform to another.
11.2. The Company accepts and provides bookings and transportation services pursuant to and for the purposes of the UK applicable legislation at and from its registered address and operating centres online subject to all statutory and regulatory obligations, liabilities, and rights for that activity.
11.3. The provisions of booking and transportation services by the Company include:
- Advertising bookings through the Company website, phone, webchat, app, and/or email;
- Requesting by a person for a booking of a transportation service which is treated as an ‘Offer’ for the purpose of a legally binding contract;
- Accepting bookings requested by the Passenger including; advanced, prescheduled, and/or before starting the journey through the controller or operator or anyone designated to act on behalf the Company, but without prejudice to the Company’s sole, absolute and discretionary rights to decline any such request and /or cancel an accepted booking, which is treated as ‘Acceptance’ for the purpose of a legally binding contract;
- Entering into a legally binding ‘Contract’ subject to the terms and conditions of this contract with the booking person, the agent or the Passenger of provision of transportation service through its employee drivers, worker drivers or self-employed drivers ensuring that the vehicle and the driver are licensed and regulated to do Private Hire jobs either by Transport for London (TFL) or any other PHV licence operator regulator out of London area;
- Keeping records of bookings;
- Designating a suitable vehicle and driver according to the booking requirements and details provided by the booking person or their agent;
- Providing necessary identification details of vehicle and driver according to statutory and regulatory requirements and provisions subject to Data and Privacy Rules and Regulations for the effective commencement of service;
- Charging a booking and transportation fee. The fees, fares, rates and prices of the booking and transportation services are advertised through the Company’s promotional materials and displayed on the website. The Company reserves the right to modify and/or revise its fees, fares, rates, and prices of services from time to time. It is your responsibility to be well informed of the current and applicable fees, fares, rates, and prices of the Company before engaging and entering into the booking and transportation services;
- Monitoring the booking and transportation processes remotely and technologically;
- Requesting, receiving, and dealing with the feedback, questions and complaints about the bookings and transportation jobs, tasks and processes on the website, app, email, text message, phone call or chat or by any other means of communication applicable for the said purpose. You are urged to give feedback about the quality of services; and
- Handling the lost property according to the Company procedures and any relevant provisions of the legislation of managing the lost property.
The Company provides the services on the basis of “As Is” and “As Available” subject to all natural, unexpected, weather-focused, related to roadworks, and any temporary or permanent change in road traffic plans issued by the local councils, boroughs, districts, city and greater London, regional or central governments, and / or traffic jams and blockades. The Company disclaims all representations and warranties, express, implied and/or statutory, not expressly and explicitly present in these terms, including the implied warranties and merchantability, fitness for a distinct purpose and non-infringement. In addition, the Company makes no representation, warranty, or guarantee of the reliability, timeliness, quality, suitability, or availability of the services requested through the booking and use of services or that the services will be uninterrupted or error free. The Company does not guarantee the quality, suitability, safety, or ability of the any or all third-party providers, drivers, agents, business, and service providers. You approve, decide, and agree that the entire risk arising out of the request and use of the services in connection therewith, rests exclusively with you, to the full extent permitted under the applicable law.
13. Limitation of Liability:
13.1. The Company shall not be liable for any direct or indirect loss, damage or liability arising out of:
- the use of service, the reliance on service and / or your inability to access or use the service.
- any transaction or relationship between the Company and you and /or any third party; provider, even if the Company has been instructed of the likelihood of any such damages;
- delay or failure in performance resulting from causes beyond the Company’s reasonable control; or
- In no event shall the Company’s liability to you related to or in connection with the services for any or all damages, losses and causes of action exceed one-hundred-pound sterling (£100).
13.2. Passengers may book and use, request and reschedule, any or all services provided by the Company subject to terms and conditions, but you agree that the Company has no liability or responsibility to you and your luggage, parcel, goods, and logistical coordination related to any booking and transportation services provided by the third-party providers other than expressly stated in these terms.
13.3. The limitations and disclaimer do not purport to limit or change your statutory rights as a consumer that cannot be excluded under applicable laws.
13.4. The Company will not be liable, to the maximum degree permitted by the applicable laws, to the customers in any way, whether such a liability arises in contract by way of breach, indemnity or otherwise, tort including negligence, misrepresentation, breach of statutory duty, restitution or otherwise, for any theft, or loss of customer’s or any person’s property related to the booking and transportation services accepted by the Company.
13.5. The Company will not be held liable for any unintended, ancillary, subsidiary, distinct, typical, consequential or punitive damages, including but not limited to lost profits, lost data, personal injury, material and/or property damage related to, in connection with, or otherwise resulting from any use of the services, even if the Company has been instructed of the likelihood of such damages.
13.6. The Company shall make reasonable endeavours to provide a Passenger Vehicle which is in good working order and of the type specified by the Customer (and in the event that such a vehicle is not available a reasonable alternative vehicle) within any time for so doing given by us or within a reasonable time.
13.7. The Company will not be liable for:
- any booking that has not been accepted;
- any damage, loss, expenses, costs, or liability endured by anyone other than you in connection with your use of the Company service;
- any damages, costs and losses that could not be reasonably be anticipated to result from the Company’s negligence or breach of these terms and conditions;
- any loss related to your business, or business of your employer or any other person;
- any loss of profits, loss of income, loss of opportunity, loss of trade, business, enterprise, or employment whether or not such loss could be reasonably foreseeable to come out of its negligence or breach of these terms and conditions; or
- any other liability, expense, cost, damage, or loss that you suffered in relation to the booking and transportation services of the Company, but to the extent the Company failed to perform its obligations to you to the standard of a diligent and professional supplier of the relevant services;
- the Company is not liable for natural hazards, traffic delays, road closures, and extreme or poor weather conditions;
- the Company is not liable for unconfirmed transfers or transportation jobs without a booking confirmation and reference number;
- In relation to Network Bookings, The Company shall to the extent permitted by law, not be liable in any way whatsoever in respect of any claim regarding the provision of the fulfilment or for any act or omission of any Fulfilment Partner;
- In any case if the Company is liable to you in connection with the booking and transportation services, in the case of lost or damaged goods, loss of flights, trains, cruise or any other loss (including where relevant luggage of Customers travelling in Passenger Vehicles), its liability will be limited to an amount equal to £100 in aggregate;
- Nothing in these terms and conditions will limit or exclude the Company’s liability to you for personal injury or death caused directly by the Company’s negligence; or
- The Customer acknowledges that the limitations on its liability as set out are fair and reasonable in the circumstances and have been considered and reflected in the level of the Charges.
Customers, Passengers and / or their agents agree to indemnify and consider the Company, its director(s), controllers, operators, managers, officers, employees, workers, and agents harmless from any and all claims, demands, losses, liabilities and expenses including the legal advice and legal representative’s fees arising out of or in connection with Passenger Booking and Transportation Service , breach or violation of terms and provisions of this contract and or other terms, agreements and contracts mentioned in this contract, and agreed by the party and breach and/or violation of any third party rights including the third parties.
15.1. The Company offers booking of a transportation of Passengers, or Passengers and luggage or parcels from one pickup point to another drop off destination with or without multiple purposeful stops of additional pickups and drop offs on the way to the final destination as part of the journey.
15.2. bookings can be made on the phone, by the email or webchat on the Company website, or any other means of communication applicable at the time of bookings.
15.3. Company uses the technology platforms to offer and accept bookings directly from its own booking sources and platforms as well as accepts bookings through its business partners, agents, business providers and third parties. The technology includes but not limited to mobile phone and tablet applications, website, social media sites like Facebook, twitter, Instagram and WhatsApp to pre-book and schedule transportation, logistics, delivery, and/or vendor services (like pick and drop of food parcels, document parcels, etc) with the Company’s own transportation service as well as independent third-party providers of such services, including independent third-party transportation providers.
15.4. The Company, unless otherwise agreed by the Company in a separate written agreement with you, offers the booking services solely for your personal and non-commercial use.
- The Company’s booking procedure is in place to take the bookings with great care as follows;
- Bookings for transportation services with great care and detailed attention to ensure accuracy can be made commonly by three means (like webchat, phone call and by email) or otherwise by any applicable mediums and channels of booking at the time of booking;
- The Company sends e-mail confirmations to all its Passengers on provided email address;
- The booking person either Passenger or agent is responsible to provide exact details of Passengers, luggage and particularly mention any special needs for the journey in order to get a suitable vehicle fit for Passengers and luggage;
- The Company shall not be held liable for any incorrect or misleading information provided by customers or their agents;
- All booking calls, web chats and emails are recorded and stored for training, monitoring and verification purposes; and
- The Company may, in its absolute discretion, decline to accept any booking to provide transportation services for any reason whatsoever.
15.1. Verifications for Fraud Prevention:
Any bookings confirmed with credit / debit card details are subject to verification and Passengers may be asked to provide ID with the credit/debit card used for the booking.
16.1. The standard VAT rate for goods and services in the UK is 20% since 4 January 2011. VAT applies to the Company’s commission on the certain booking.
13.2. Company’s Right to Vary Prices:
- The Company has the right to vary prices from time to time subject to inflation and other economic indicators related to the trade of the Company;
- The Company reserves the right to change the quoted price if it is quoted wrongly by the website or by its staff member with 4 hours prior notice of change of price to Passengers;
- The Company reserves the right to apply night price in dark hours starting from 00:00 to 07:00 daily; and
- Further, you acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand.
13.3. Additional Charges:
- The Company reserves the right to charge additional charges over the quoted price for additional pickup and drop-offs not mentioned in the original booking quote and are charged £2 per mile plus £5.00 per diversion.
- A booking made online by automated system with a diversion/via address or with additional stop will be verified manually by its booking staff and the price will be rectified if it is not charged correctly by the website;
- The customer has the right to add Passengers and luggage in its journey in the pre-booked vehicle subject to availability of seat and room for extra luggage in that vehicle with the prior permission of the Company before a reasonable time of start of journey with an addition of a nominal price for adjustment; however, if with the additional Passengers and luggage the vehicle needs to be upgraded to meet the customer’s afresh demand, an extra cost over the quoted price will apply in case of vehicle upgradation according to the vehicle’s standard market pricing. The Company has the discretion to adjust the price;
- The Company offers 30 minutes free vehicle and driver waiting time for all pickups from the airports and cruise ports starting from the landing time or arrival or docking time. Any further waiting time of vehicle and driver is charged at £0.40 per minute (or minimum £5, whichever is greater in number over the quoted fare). Flight delays are exempt from these charges if the Passenger is in contact with the controller or driver to intimate of flight delays;
- The Company offers 10 minutes free vehicle and driver waiting time for all pickups from home, hotel, offices, railway, or bus stations. Any further waiting time of vehicle and driver is charged at £0.40 per minute (or minimum £5, which ever if greater in number over the quoted fare); and
- The driver has the discretion to choose a route with minimum mileage and time considering other factors like traffic flow, road closures, and road-works diversions.
16.4. Special Fares:
As a matter of Company policy, prices will increase by 50% to the normal standard prices from 25th December 00:01 to 26th December 23:59 and from 31 December 00:01 to 1 January 23:59, in any year due to shortage of available for work drivers during festive season periods and the Company accepts only “prepaid transfers/bookings” for the above-mentioned festive days to secure the bookings.
17.1. The customers acknowledge that the use of the Company booking, and transportation services are paid services.
17.2. The Company collects the direct payments from the customers or their agents to pledge for the provision of its services.
17.3. The Company reserves the right to alter or modify the price before or after taking payment for a particular service.
17.4. All charges will be inclusive of applicable taxes where it is so required by the law.
17.5. Charges paid by you are final and non-refundable, unless otherwise established by the Company subject to the terms and conditions of this contract and applicable laws.
17.6. You retain the right to request for a refund if it is applicable by the terms and conditions of this contract.
17.7. All charges are due without delay and payment will be expedited as soon as practicable by the Company using the selected payment method authorized in your user account or otherwise, and the Company will deliver you a receipt by email.
17.8. If your principal account payment method is defined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your account, if available, or may contact you with invoice to pay immediately as soon as possible.
17.9. The Company will make reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your user account regardless of your awareness of such charges or the amounts thereof.
17.10. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver or third-party provider, you are under no obligation to do so. Gratuities are voluntary.
17.11. After you have received and used services, you will have the opportunity to rate your service experience and leave feedback.
17.12. Payment to Drivers: Payment to the driver by card will be with a 10% additional surcharge. There is no surcharge on paying by cash to the driver.
17.13. Prepay in advance by Credit/Debit Card online by payment link. There is no surcharge paying in advance by Credit/Debit Card.
17.14. Paying by PayPal online will add a 7% surcharge.
18.1. The Company offers a variety of transportation services for Passengers and luggage for their personal and non-commercial use through its own fleet of variety of standard and luxury cars and vehicles driven by its own employee drivers, worker drivers, self-employed drivers as well as third party contractors providing transportation services to the Company’s customers on behalf of the Company.
18.2. The Passengers can demand a particular vehicle to cater their needs subject to availability and prices of the Company.
18.3. The Company decides and provides the suitable vehicle and driver details to the Passengers to carry out the pre-booked transportation job subject to number of Passengers, details and volume of the luggage and any other specifications provided in the additional information of the booking.
18.4. The Company reserves the exclusive right to change the vehicle and driver as a matter of internal procedure of allocation of vehicles and drivers to carry out day to day business of the Company.
18.5. Safety of the Parties: Most of the Company vehicles and third party provided vehicles are equipped with audio video recording, monitoring and security cameras for the safety, security and protection of drivers and Passengers.
18.6. Provision of the Transportation Services:
- Agreeing to the contract terms and conditions, you acknowledge that you are ready to accept and use the transportation services of the Company designated in pursuance of your requirements; and
- You also conform that the services may be provided by the Company by its own transportation sources or by the fully licensed and independent third parties acting on behalf of the Company.
- The Company reserve the right to subcontract or delegate in any manner any or all its obligations under any Contract to any third party or agent.
18.7. Third Party Services and Content:
- You conform that the Company may provide transportation services through its approved fully licensed and independent third parties, however, the Company cannot guarantee the quality and standard of the third-party transport providers according to its own terms of quality and standard;
- The Company shall not be liable for the quality and standard of the third-party providers;
- The Company does not endorse third party content and service standards however, the Company ensures to choose third parties that pledge provision of quality and standard services on behalf of the Company; and
- Moreover, Apple Inc., Google, Inc., Microsoft Corporation or Android and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Company services using applications developed for Apple iOS, Android, Microsoft Windows, or any other software and technology services providers. Though these third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner, yet your access to the Company services using these devices and their developed technologies are subject to terms set forth in the applicable third-party beneficiary’s terms of service.
18.8. Route Planning:
- By law, the driver is fully authorised to plan and decide his route from pick up point to the drop off destination considering price of the job allocated, time, milage, road works, road closures, weather conditions and traffic flow recorded intimations and live news on traffic radios;
- He is fully authorised to rely on a route planning software and mapping application like waze, google, apple, etc. to plan and adopt the route;
- He may consult or been instructed by the controller or PHV operator;
- The Passenger may suggest a better route and it is the driver’s discretion to accept the suggestion and act on it or not;
- If any customer requests to follow a particular route other than the Company’s chosen route, the service provider may apply additional charges; and
- The Passenger cannot force the driver to adopt a route which the driver does not want to take for any justifiable reason.
18.9. Transportation of Pets, Domestic Animals and Guide Dogs:
- At the time of booking, the Passenger(s) or their agents must inform the Company that they are carrying pet(s) or domestic animal(s) with them in their journey;
- All pets and/or domestic animals must be carried in a suitable locked cage, if appropriate and/or be suitably restrained;
- The Company reserves the right to refuse subject to the driver’s disapproval or cancel a booking on arrival at the pickup address if the Company has not been informed of the customer’s requirement to carry a pet or domestic animal in the Private Hire Vehicle. The Company also reserves the right to charge the customer the relevant cancellation fee under these Terms;
- Only the approved, licensed, and trained guide dogs are exempt from this requirement and are permitted to be carried and get on board of the Passenger vehicle; however, it is the customer’s responsibility to inform the Company that a guide dog will be accompanying the Passenger for assistance; and
- The Company may allow the Passenger, if it has not been informed earlier at the time of booking that a guide dog will be assisting and travelling with the Passenger, to get the guide dog on board subject to the driver’s approval on arrival and discovery, otherwise the Company reserves the right to charge a cancellation fee.
18.10. Wheelchair Access Cars:
- The Company does not have any wheelchair accessible cars in the fleet and is not in a position to take bookings to provide transportation services with Wheelchair Accessible Cars in its fleet of cars; and
- With prior information, the Company can provide booking and transportation services to Passengers with limited ability to walk, if the Passenger’s wheelchair is foldable and adjustable in the car boot and the Passenger, either without assistance or with assistance, can sit on the normal Passenger seat with a seat belt in any of its MPV cars subject to the size of a foldable wheelchair and storage capacity of the car boot.
18.11. Child, Infant and Booster Seats:
- The Company makes its best effort to ensure child seats are available, however the Company cannot guarantee their availability or suitability for your child in your journey;
- The usage of specialised portable child seats and agreeing to their suitability is entirely at the Passenger’s discretion, and the Company cannot be held liable for their usage in any case;
- Saloon and Estate Cars do not carry Child, Infant and Booster Seat (specialised portable child seats);
- Customers are advised to book an MPV car for specialised portable child seat;
- The Company offers one specialised portable (either child, infant or booster) seat in any MPV Car free of cost and any on demand second child seat shall be charged £10 additional to the fare price;
- The Company’s any MPV Car is not carrying more than 2 Seats in one time;
- The Company may provide two Booster Seats at an extra cost of £20 only on request;
- The Company may provide 2 Child Seats in an MPV Car at an extras cost of £20.00 on request;
- The Company reserves the right to charge cancellation fee on any booking and journey cancelled due to non-availability of the specialised portable child seats; and
- The Company’s advance charging of provision of child seat extra price to any customer will be refunded if the driver could not carry the specialised portable seat for any reason.
18.12. Copyright, Trademark, and Operational Restrictions:
18.12.1. The Passenger will be liable for any damage caused by Passengers to any Passenger Vehicle.
18.12.2 The Passenger may not:
- eliminate any copyright, trademark, or other proprietary notices from any portion of the transportation services;
- replicate, alter, prepare derivative works based upon, circulate, permit, rent, market, sell again, move, publicly demonstrate, publicly execute, convey, stream, broadcast or otherwise exploit the booking and transportation services except as expressly and explicitly permitted by the Company;
- decompile, reverse engineer, or take down the booking and transportation services except as may be permitted by the applicable law;
- connect to, mirror, or frame any part or portion of the services;
- affect or initiate any programs or scripts for the intent of scraping, indexing, inspecting, or otherwise data extracting any part or portion of the services or unjustifiably encumbering or hampering the operation and/or functionality of any aspect of the services; or
- try to obtain unlawful access to or damage any facet of the services or its related systems or networks or facilities.
18.13. Passenger Prohibitions:
18.13.1 The Customer shall be liable for any damage caused by Passengers acts or omissions to any Passenger Vehicle.
18.13.2 The Passenger may not:
- eat and drink, except plain water, in the Passenger vehicle without the permission of the driver; Any mess in the vehicle created by the Passenger due to eating and/or drinking is the Passenger’s liability, and the Company reserves the right to charge for repair or cleaning of the vehicle on report of the incident;
- mess up the Passenger Vehicle with any fizzy, sugared, or sparkling spillages of drinks or vomiting. The Company may charge reasonable repair or cleaning charges plus £50 representing a loss of earnings for the Driver in the event of spillages in or in the event that any Passenger vomits in or otherwise soils, contaminates or damages a Passenger Vehicle.
- Repair or Cleaning Fees: The Passenger shall be responsible for the cost of additional cleaning and/ or repair for damage to the interior of the vehicle, either provided by the Company or the third party on behalf of the Company, which is beyond the normal ‘wear and tear’ damage and necessary day to day cleaning of the vehicle, resulting from use of the services provided by the Company and the payment either shall be deducted from your account through the payment details provided by you or shall be invoiced to pay with in specified time. The cost shall be decided by the Company on the report of the incident by the driver of the vehicle or the third-party providing services on behalf of the Company looking into the circumstances, damage, and competitive market prices of repairing or cleaning of such level. The Company ensures to verify the incident with reasonable and credible evidence, providing information to the Passenger and take reasonable discretionary steps to control the cost and resolve the matter as soon as possible. Such amounts will be non-refundable and shall be controlled and transferred by the Company to the affected party according to the Company payment procedures.
- smoke in any Passenger Vehicle (including Electronic Cigarettes / Vapes). Smoking in and /or at any public spot, building, transport is illegal;
- play or demand to play on speakers any musical instrument, broadcast, recorded music in any Passenger Vehicle except with its written permission; as any distraction to the driver is unlawful and can be a Passenger’s liability in case of a loss, damage, or accident due to the driver’s distraction; or
- consume alcohol in any Passenger Vehicle as consumption of Alcohol at or in any public spot, building or transport is illegal. The Company and the Driver reserve the right to decline carriage to any Passenger and/or require a Passenger to descend from a Passenger vehicle who, in its opinion, is intoxicated.
18.14. Luggage Detail, Loading and Unloading:
- It is the Passengers’ or their agents’ responsibility to provide accurate details of number, size, and weight of the luggage at the time of booking request for transportation service;
- The Company reserves the right to accept or decline the request looking into the details of the luggage; and
- Passengers are responsible for the loading, unloading, safety, loss and / or damage of their luggage including the bicycle. The driver is not bound by law to load and unload luggage; however, the driver can help and assist on request as a matter of courtesy.
19. Cancellation of Booking and Transportation Services:
- The parties have the right to cancel the booking;
- A booking can be cancelled in advance by giving a 24 hours’ notice without any cancellation fee;
- The Company reserves the right to charge full fare if booking is cancelled less than 24 hours notice period
- Any booking made with a note of paying cash to the driver at pickup point of the journey and confirmed at the time of booking with a credit card or debit card details will be charged with the full fare in the event of cancellations notified less than 24 hours;
- The full amount will be charged, and no refunds will be issued if a cancellation of a pre-paid confirmed booking is notified less than 24 hours prior to the journey; and
- In the event of a pre-booked job of transportation with a pickup from any of the airports, seaport, train station, change of plan, or flight cancelled will be charged in full fare if its notified less than 24 hours.
- The Company reserves the right to issue refunds on the following grounds;
- Cancellations are free of charge with 24 hours’ notice period;
- A Cancellation must be notified 24 hours prior to the actual pick up time;
- A refund will be issued if the Passenger cancel a booking 24 hours prior to the pickup time mentioned on the booking;
- No refunds will be issued on late cancellation notice which is reasonably less than 24 hours;
- No refunds will be issued for a cancellation demanded on the basis of Passenger’s mistaken booking of the Private Hire Vehicle for a wrong date, wrong flight number and other misleading information;
- No refunds will be issued in the event that the Passenger leaves the pickup point without informing service provider for any reason whatsoever; and
- No refund will be issued once a Passenger used the service in any case.
19.3. “No Show”:
- The Passengers are advised to contact the Company, the controller of the Company or the pickup driver of the Company as soon as possible after flight landing, train, bus, or boat arrival;
- In the event of an Airport Terminal / Railway or Underground Station/Bus Station/Sea Port Pick Up, if the Passenger fails to contact, appear and meet the driver in the Arrivals Hall of the Terminal / Out of Railway or Underground Station/at the Bus Station/Sea Port Pick and Drop Off at the designated “Meeting Point” within the waiting time limit of the driver according to flight landing, train or tube, bus, boat, ship or cruise arrival time, it will be considered as a “no show” and the Company reserves the right to charge full payment of fare; and
- All bookings pre-paid with full amount to confirm by a credit or debit card will not be refunded in the event of a “No show”.
20. Customers’ Responsibilities and Liabilities:
20.1. Network Access and Devices:
- It is customers’ responsibility to get the data network access necessary to use the Company services;
- It is customers’ responsibility to pay for their mobile network’s calls, messaging, and data rates;
- Fees may apply if the customers access or use the Company services from a wireless-enabled device and customers are responsible for such rates and fees;
- It is the Passengers’ responsibility to acquire and update compatible hardware or devices necessary to access and use the Company services and applications and any updates thereto;
- The Company does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices; and
- Services may be subject to malfunctions and networking delays inherent in the use of the Internet and electronic communications, for which the Company is not liable.
20.2. Delays in Security, Immigration and Custom Checking and Compliance:
- Passengers are required to comply with current security, immigration and custom laws and regulations at most of the international airports, railway stations, cross-country bus stations, seaports, cross-country entry and exit check points;
- The security, immigration and custom checking may take longer time sometimes.
- It is the customers’ responsibility to manage time and pass through these checking points smoothly and timely;
- The Passengers are free to take advice from their travel advisors, agents, ticket booking staff, the Company controllers and consult any independent sources of information to understand such security, immigration, and custom checking in international traveling;
- The Company shall not be responsible for any delays caused by any failure to comply with the security, immigration and custom rules and regulations or unnecessary delays in checking processes at these places; and
- The Company strictly follows Passengers’ pickup instructions to arrange and schedule transportation services and any delays or failures to meet the driver at the meeting point are the liability of the customers.
20.3. Minor Customers:
- It is the Passengers’ or their agents’ responsibility to inform the Company at the time of booking the ages of the Passengers, their specific traveling needs if any or any special conditions of medical or non-medical ailments. For an unaccompanied minor under the age of eleven (11), Passenger or the booking agent must inform the Company clearly, expressly, and explicitly that an unaccompanied minor will be travelling;
- Any non-disclosure of ages of the Passengers may cause problems for the customers in their booking and transportation services’ provision by the Company;
- The Company do not transport unaccompanied minors of less than 11 years of age to travel alone in a Passenger vehicle; and
- In exceptional circumstances and subject to the parent/guardian’s written consent, the Company may allow minors over the age of eleven (11) to travel unaccompanied. The Company do not accept any additional responsibility for any minor above 11 years of age with his/her ID documents who travels unaccompanied in a Passenger Vehicle.
20.4. Seatbelts: All Passengers all age groups are required to use seatbelts at all times in commercial vehicles except medically advised not to wear a seat belt with an exception certificate.
20.5. Behaviour of On Boarding Customers:
- The customers are advised to behave and treat drivers respectfully in any event whatsoever.
- The Company reserves the right to refuse to transport or cease to transport any Passenger who behaves in a disrespectful, disorderly, inappropriate (including excessive physical contact or display), threatening or abusive manner or who, in its absolute discretion, the Company considers a nuisance or a danger to its employees, workers, third party contractors, agents, subcontractors or fellow Passengers and may require such a Passenger to alight from a Passenger Vehicle and the same customer may be charged for a Cancellation Fee.
- The Company may assist any Passenger who is not capable of boarding and alighting a Passenger Vehicle unaided, at its sole discretion but at the Passenger’s risk.
21. Lost Property
21.1. The Company shall not be responsible for any property left by Passengers in Vehicle. If the property is found in a Passenger Vehicle it will be stored by us for a period of 25 days and thereafter The Company shall be entitled to return, sell, destroy, or otherwise dispose of such property as The Company, in its absolute discretion, see fit.
22.2. Passenger is responsible to arrange pickup for his lost property, book a courier service or book an alternative service such as private hire to drop the lost property at customer’s house.
22. Complaints and Dispute Resolution:
For all complaints, please refer to the Company’s Complaints and Dispute Resolution policies found on the Company’s website.
23. Unenforceable Provisions of Contract:
23.1. The parties to the contract agree that, if they find any provision of this contract to be illegal, invalid or unenforceable, in whole or part, under applicable or any law valid in the United Kingdom, shall deem, such provision in whole or part thereof to that extent, not a part of this contract, without prejudice and effect to the legality, validity and enforceability of the contract.
23.2. As a result, the parties shall replace the illegal, invalid and unenforceable provision in whole or part thereof with a provision in whole or part thereof which is legal, valid, enforceable and fulfilling to the greatest extent possible to create a similar effect to achieve the contents and purpose as that of the illegal, invalid or unenforceable provision in whole or part thereof.
23.3. The replaced provision in whole or part thereof shall constitute the understanding and agreement of the parties with respect to its subject matter.
23.4. The replaced provision in whole or part thereof shall supersede all including but not limited to prior and/or contemporaneous undertakings and agreements regarding such subject matter thereof.
24.1. The Company may in its sole discretion allow you from time to time to provide, present, upload, make public or otherwise make available to the Company through its services your textual, audio and/or visual subject matter and data including review and feedback related to its standard services and promotional activities.
24.2. The Company conforms that any customer and user content provided by you remains your property as data.
24.3. However, by providing reviews and feedbacks to the Company you grant the Company a wider, lasting, irreversible, assignable, royalty-free authorisation, with the right to sublicense, to use, reproduce, alter, produce imitative works of, deliver, publicly show, publicly execute, and otherwise exploit in any way whatsoever such user content in all presentations and circulation networks now identified or hereafter developed including in connection with the Company services and business and on third-party sites and services, without further intimation to or permission from you, and without the obligation of compensation to you or any other person or party.
24.4. You signify and permit that:
- you either are the only and private owner of all user content or you have all rights, authorisations, agreements, and proclamations compulsory to grant the Company the license to the user content as stated above; and
- neither the user content nor your suggestion, uploading, publication or otherwise making available of such user content nor the Company’s use of it as allowed herein will invade, embezzle, or interrupt a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
24.5. You assent to not give user content that is slanderous, libellous, vile, vicious, offensive, pornographic, illegal, or otherwise insulting, as determined by the Company in its sole discretion, whether or not such substance may be covered by law. The Company may, but shall not be obliged to, evaluate, examine, or eliminate user content, at the Company’s sole discretion and at any time and for any reason, without warning to you.